France

Welcome! On this page you'll find all the latest legal news, publications and events for France. To stay in touch with the latest developments, please bookmark this page on your mobile or register to receive eAlerts.

CMS is a major force in France: to learn more, click here.

Recent Articles

  •  
    01/03/2024
    International

    Pre-conditions to arbitration and the FIDIC 2nd Edition

    Amendments to the FIDIC 2nd Edition contracts published in November 2022 have narrowed the definition of “Dispute” to more closely align it with the pre-conditions to DAAB and arbitration proceedings specified by the form. The narrower definition raises the potential for new jurisdictional objections to be made in DAAB or arbitration proceedings commenced without compliance with those pre-conditions. In this Law-Now, we consider recent developments in the approach taken to arbitral pre-conditions in a number of international jurisdictions, before considering the specific issues thrown...
    Read more
  •  
    29/02/2024
    Europe

    TTBER to expire in 2026 – changes in sight?

    The current 2014 TTBER, Commission Regulation (EU) No 316/2014 of 21 March 2014 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreements, expires on 30 April 2026 but the Commission has already started the evaluation and consultation process.The TTBER exempts restrictions of competition in technology transfer agreements from the prohibition of agreements that restrict competition. Technology transfer agreements are agreements by which one party authorises another party to use certain technology rights for the production...
    Read more
  •  
    29/02/2024
    EU

    Amendments to Directive 2011/61/EU on alternative investment fund managers have been formally approved

    On 26 February 2024, the Council of the European Union officially approved amendments to Directive 2011/61/EU on alternative investment fund managers (read more), marking a significant development in the regulatory landscape governing managers of alternative investment funds within the European Union. Additionally, the approved amending directive also modernises the framework for undertakings for collective investment in transferable securities by also amending Directive 2009/65/EC.The revised directive is scheduled to be published in the EU Official Journal soon, with it coming into effect 20...
    Read more
  •  
    26/02/2024
    Europe

    The CBAM – what is it and how will it affect the market?

    PL
    Regulation (EU) 2023/956 establishing a carbon border adjustment mechanism (CBAM) entered into force on 17 May 2023. The implementation of the CBAM has been divided into a transitional period (from 1 October 2023 to 31 December 2025) and a target period (starting 1 January 2026).Why has the CBAM been introduced?With the establishment of the scheme for greenhouse gas emission allowance trading (EU ETS) in 2005, which covers, among other things, energy intensive installations, the European Union has set a course of action to reduce overall greenhouse gas emissions. However, the ever-rising costs...
    Read more
  •  
    16/02/2024
    France

    Harmonisation of avoidance rights from a French perspective

    On 7 December 2022, the European Commission published a new proposal for a Directive that would make insolvency law uniform across the EU. This proposal, following the enactment of Directive (EU) 2019/1023, illustrates the strong desire to facilitate the free movement of capital within Europe.In accordance with these goals, the proposed Directive provides for the harmonisation of avoidance rights. These rights could be defined as the right to render acts prejudicial to the general body of creditors declared void when those acts have been performed during a certain period before the opening of the...
    Read more
  •  
    14/02/2024
    EU

    The EU Parliament and Council reached an agreement on ESG rating

    On 5 February 2024, the European Parliament (the Parliament) and the Council of the European Union (the Council) reached a provisional agreement on the EU Commission's proposal from June 2023 for a regulation governing environmental, social, and governance (ESG) rating activities. This rating aims to offer an assessment of a company's or a financial instrument's sustainability profile, ultimately bolstering investor confidence in sustainable products. ESG ratings' new rules appear as a priority, as they will strengthen the reliability and comparability of ESG ratings and improve the transparency...
    Read more